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Tuvalu Cultural Council Act 1991

TUVALU

TUVALU CULTURAL COUNCIL ACT 1990
(Act 16 of 1991)

I assent

Toaripi Lauti. PC GCMG
Governor-General

30^th December 1991

AN ACT to establish the Tuvalu Cultural Council and for connected purpose.

[Commencement: ______________________]

ENACTED by the Parliament of Tuvalu -

Short title and Commencement

1. This Act may be cited as the Tuvalu Cultural Council Act 1991, and shall come into operation on such date as the Minister may by notice appoint.

Establishment of Council

2. There is established a Tuvalu of Council Cultural Council ("the Council").

Functions of Council

3. The functions of the Council shall of council be to:

(a) maintain, co-ordinate, implement, promote and advise on a national cultural policy for Tuvalu promulgated from time to time by Cabinet; and

(b) comply with such written directions as the Minister responsible for cultural affairs may from time to time give.

Powers of Council

4. (1) The Council shall have such powers as are necessary for the purpose of carrying out its functions under this Act.

(2) Without in any way limiting the generality of subsection (1) the Council shall have the powers to -

(a) employ, if necessary, any person to advise the Council on any matter related to its functions;

(b) establish a committee to look into and advise the council or matters that the council may from time to time determine;

(c) receive and keep any money or property provided or donated by Parliament, any organization or any individual; and

(d) allocate or expend such money or property received and kept in such manner as it sees fit.

Composition of Council

5. (1) The Council shall consist of -

(a) the Secretary for the Ministry for the time being responsible for cultural affairs or his nominee; and

(b) up to eleven other members to be appointed by the Minister by notice.

(2) Members (other than the Member referred to in subsection (1) (a) or his nominee) shall be appointed by notice for a period to be determined by the Minister and shall be eligible for re-appointment.

(3) Members other than public officers shall be paid by the Council such fees and allowances as are in accordance with current Government rates and conditions.

Chairman and Deputy Chairman

6. The Minister shall appoint two Members to be Chairman and Deputy Chairman respectively of the Council for such period as the Minister determines but any such appointment shall cease immediately on the Chairman and Deputy Chairman ceasing to be a Member.

Meeting

7. (1) The Council shall meet as often as the business of the Council may require but not less frequently than twice a year.

(2) Such meetings shall be at such times and places as the Council shall determine or as the Chairman or, in his absence the Deputy Chairman, shall direct.

(3) The Chairman, or in his absence, the Deputy Chairman, shall be Chairman at meetings of the Board and in the absence of both the Chairman and the Deputy Chairman from any meeting or any part any meeting one of the other Members shall be appointed by the Council to be Chairman of such meeting or part thereof.

(4) Eight Members shall foam a quorum at any meeting of the Council.

(5) Each Member shall have one vote.

(6) Resolutions of the Council shall. be passed by a simple majority of the votes of the Members present and voting, except that in the event of an equality of votes the Chairman of the meeting or ,part thereof shall have a second or casting vote.

Funds

8. The funds of the Council shall consist of -

(a) such money or assets as from time to time granted to the Government or Parliament;

(b) donations from organizations or individuals; and

(c) such money as may be handed over to, raised or earned by the Council.

Annual Reports and Financial Statements

9. (1) The Chairman of the Council shall and Financial as soon as practicable after the end of statements each calendar year, and in any event not later than 4 months from the end of the calendar year prepare and transmit to the Minister and the Auditor-General-

(a) a report on the activities of the council during that year; and

(b) financial statements, in the appropriate form, in respect of that year.

(2) The Auditor-General shall report upon the financial statements prepared under subsection (1) to the parliament and shall in such report-

(a) report whether the statements are in accordance with the records of the council and record accurately the financial position and the current state of the affairs of the council; and

(b) report on such other matters arising out of the statements as he sees fit.

Regulations

10. The Minister may make regulations for the better carrying out of the provisions of this Act.

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TUVALU

TUVALU CULTURAL COUNCIL ACT 1990
(Act 16 of 1991)

EXPLANATORY MEMORANDUM
(This memorandum is not part of the Act)

The purpose of this Act in to establish a Tuvalu cultural Council.

The Council's primary functions are to maintain, co-ordinate, implement and advise on a national cultural policy for Tuvalu with Cabinet would from time to time issue (section 3). It is obliged to comply with any direction that the Minister may give.

Section 4 provides the council with wide ranging powers to carry out its functions, in particular the power to engage people or set up committees to advise it and to receive and expend moneys or property received by it.

Sections 5-7 deal with the composition of the Council, the Chairman and Deputy Chairman of the Council and its meetings.

The Funds of the Council shall consist of money or assets granted to it by the Government, Parliament, any organization or individual and such money raised or earned by it (section 8).

The Councils accounts are to be audited by the Auditor-General (section 9).

The Minister may make regulations for the better carrying out of the provisions of the Act (section 10).

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